There was no sustained indigenous intellectual property protection system in Chine for long. The People’s Republic of China (PRC) began to establish an intellectual property protection regime based on the Soviet model during the year 1949. In 1978, China adopted the open-door policy. The Patent Law of China was first promulgated on March 12, 1984. There are three types of patents: patents for inventions, utility models and designs.
The Article 5 of the Patent Law, no patent right shall be granted for any invention-creation that is contrary to the laws of the State or social morality or that is detrimental to public interest. Also, no patent right shall be granted for any of the following:
According to article 22 of the Patent laws the basic requirement for grant of a patent is; “Any invention or utility model for which patent right[s] may be granted must possess novelty, inventiveness and practical applicability.”
In China there was a pre-grand opposition before 1992. This pre-grant opposition was abolished and replaced by post-grant opposition (or revocation). Thus shortened the time required to grant a patent by six to ten months, depending on the type of patent application.
After the grand of the patent, any person (either an individual or an entity) who believes that the patent should not have been granted pursuant to the Patent Law can request that the Patent Reexamination Board declare the patent invalid. The rule 64(2) of the Implementing Regulations provides a list of grounds on which an invalidation request can be based on such grounds include issues relating to, inter alia,
Invalidation proceeding may take up to two years, with three possible outcomes:
Vinod Kumar Singh
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